Re: FICA refund for a nonresident alien

Babak

I have a non resident alien client (F-1 Visa) with a W-2 that has FICA taxes withheld. I filled out the NR section in Miscellaneous forms. I have to problems now:

1. She was a US resident in 2024 for but there is no USA option under "Country of residence for tax purposes during 2024".

2. She is not getting those FICA taxes back.

How can I fix these two issues?

Thanks

sjrcpa

If FICA should not have been withheld she needs to get it back from the Employer.

The more I know the more I don’t know.

Babak

Thank you. What about the other problem that USA is not part of the options?

sjrcpa

Are you filing a 1040 or a 1040NR?

And are you filing the correct one?

The more I know the more I don’t know.

Babak

I'm filing 1040NR, and the question I asked is about the 1040NR form under Miscellaneous form section.

TaxGuyBill

@Babak wrote:

"Country of residence for tax purposes during 2024".

I don't know exactly where that is or why it is asking that, but wouldn't a Nonresident Alien NOT have the USA as their "country of residence for tax purposes"? It seems to be asking which country is the taxpayer a Citizen or Resident.

Babak

No, the country of citizenship is a separate question above that and when I tried to skip the one asking about the country of residency, it gave me an error.

TaxGuyBill

For tax purposes, they are not a resident of the USA. It is likely the same answer as their citizenship.